Can I get out of a simple battery ticket if she laid hands on me first, but I have no evidence except for markings?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I get out of a simple battery ticket if she laid hands on me first, but I have no evidence except for markings?

I had a verbal altercation with a man claiming to be an owner of the bar I was
at. He called the cops and they told me I could go back inside because the
man was drunk and not an employee. When I went back inside I grabbed my
boyfriend and as we were walking to our car I saw the man and his girlfriend,
which is the bar owners daughter, and I said ‘screw you’ to him and kept
walking but his girlfriend and himself started running at me calling me a
heifer. She grabbed my arm I have pictures of the marks on my arm and
when I turned around she got face to face with me and shoved me so I swung
at her and hit her multiple times in the face. Her boyfriend then intervened by
grabbing me and then ripped my shirt completely in half I still have the shirt
leaving me exposed. I was given a ticket for Simple Battery. Is there any way
to prove that I was not the one who started the fight so I can get this charge

Asked on February 25, 2018 under Criminal Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The problem you have is that you "hit her multiple times in the face." There is no such defense as "she started the fight"--you can be charged with battery even if thae other person "started" the fight. Self defense is a defense, but self defense is not retaliation; it is an act to stop an ongoing or occuring attack. Once the attack is over, the right to use force is over, too. If she shoved you once but you then hit her multiple times, you were not defending yourself from an ongoing or imminent threat: you were retaliating against someone who shoved you, and that is NOT self defense. It does not appear, based on what you write, you have a valid defense.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption